MANU/SC/0364/2021
True Court CopyTM English
IN THE SUPREME COURT OF INDIA
Contempt Petition (Civil) Nos. 625-626 of 2019 in Civil Appeal Nos. 11017-11018 of 2018, Contempt Petition (Civil) Nos. 642-643 of 2019 in Civil Appeal Nos. 11017-11018 of 2018, Contempt Petition (Civil) Nos. 671-672 of 2019 in Civil Appeal Nos. 11017-11018 of 2018, Contempt Petition (Civil) Nos. 395-396 of 2020 in Civil Appeal Nos. 11017-11018 of 2018, Contempt Petition (Civil) Nos. 408-409 of 2020 in Civil Appeal Nos. 11017-11018 of 2018, Contempt Petition (Civil) Nos. 598-599/2020 in Civil Appeal Nos. 11017-11018/2018, Contempt Petition (Civil) Nos. 669-670 of 2020 in Civil Appeal Nos. 11017-11018 of 2018, Contempt Petition (Civil) Nos. 671-672 of 2020 in Civil Appeal Nos. 11017-11018 of 2018, Writ Petition (Civil) No. 491 of 2020 and Transfer Petition (Civil) No. 1209/2020
Decided On: 03.06.2021
Appellants: Abhishek Kumar Singh Vs. Respondent: G. Pattanaik and Ors.
Hon'ble Judges/Coram:
A.M. Khanwilkar and B.R. Gavai JUDGMENT
A.M. Khanwilkar, J.
1. These cases essentially assail the orders dated 4.12.2018 and 2.3.2020 issued by the Chief Engineer (A-2-1), Uttar Pradesh Jal Nigam, Lucknow1, pursuant to the judgment of this Court dated 15.11.2018 in Civil Appeal Nos. 11017-11018/20182. This Court by the aforesaid judgment, had directed the Uttar Pradesh Jal Nigam (the Respondent corporation) to comply with the judgment of the High Court of Judicature at Allahabad3 dated 28.11.2017 in a batch of writ petitions (leading case being Writ-A No. 37143/2017) and pass a fresh, reasoned order.
2. In pursuance of the aforementioned decision of this Court, the Chief Engineer issued order dated 4.12.2018, thereby reengaging the Petitioners and other appointees to their previous place of posting. However, with a caveat that the said appointment was subject to the liberty granted by this Court and that no arrears would be paid by the Respondent corporation. The order of the Chief Engineer dated 4.12.2018 is reproduced thus:
The order dated 11.8.2017 passed by the Chief Engineer (A-2-1) U.P. Jal Nigam Lucknow has been set aside by Hon'ble High Court Allahabad by its order dated 28.11.2017 in W.P. No. A-37143/2017 and Review Application No. 2/2018 is also rejected by Hon'ble High Court in its order dated 25.07.2018. The Hon'ble Supreme Court has upheld [sic] the above order passed by Hon'ble High Court in Civil Appeal No. 11017-11018/2018 titled as U.P. Jal Nigam and Ors. v. Ajit Singh and Ors.
In the above context you are expected to perform your duty at your previous posting place within 15 days from issuing of this order.
That it is being clarified that the said appointment will be subject to the liberty granted to Nigam, by the Hon'ble Supreme Court of India vide judgment dated 15.11.2018 in Civil Appeal No. 11017-11018/2018. The concerning paragraphs are extracted below:
15. In view of the above, the challenge to the impugned judgment dated 28th November, 2017 and 25th July, 2017 must fail but with a clarification that the competent authority is free to pass a fresh, reasoned order in accordance with law.
16. We may not be understood to have expressed any opinion either way on the merits of the course of action open to the Appellants against the Respondents including against the other appointees under the same selection process. All questions in that behalf are left open.4
That no Arrears prior to the fresh date of appointment will be granted by Nigam.